Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

This is a Bill we have been seeking for quite a long time. Parking and clamping can have a serious impact on towns and villages all over this country. It goes without saying that when parking restrictions are applied to the extent that business ceases on our main streets, an alternative has to be found which is legal from the point of view of the person who wants to visit a shop or other commercial premises. Any such arrangement should be within reason. A person should not be able to leave a vehicle in one place all day. It is extraordinary that parking regulations have been applied so rigorously in some of our towns and villages that commercial activities have faded. That commercial activity has been replaced by out-of-town multinational corporate supermarkets which offer plenty of space. I do not know what was intended in the first place. Was it expected that the unfortunate people who were clamped for parking on main streets would repeat the experience rather than going to a location where they would not be clamped? This needs to be considered in the context of applying parking rules and regulations.

The original purpose of parking restrictions was not solely to raise money. They were also intended to regulate obstructions to the flow of traffic. That appears to have been forgotten somewhere along the way. In recent times we have heard more about the receipts from clamping. I have tabled numerous questions to ascertain the precise amounts raised through parking charges and clamping but I found it difficult to access such information. It is a sign of the times that Members of the Oireachtas are finding it difficult to access information which should be readily available.

Clearly one should not park in a no-parking area.

There may be an emergency where somebody gets ill and it may not be possible to do something. There should, therefore, be a method whereby some consideration can be given in those circumstances. I remember dealing with a case not so very long ago where the spouse of a person who was terminally ill was rushing back and forth to hospital on a regular basis for obvious reasons. On one occasion, the person parked short of a clear zone. There was no sign at the particular location from the point at which the person drove in there to say there was no parking. The car was clamped and the person had to pay the unlocking fee. I remember trying to explain at the time to the relevant authorities how difficult it was for the person who was traumatised by the illness the family was suffering and who was making an effort to visit her spouse and did so every single day. I might as well not have spoken to the people in authority at all. I would have been better off. Despite the fact that there was a very compelling reason as to why the woman's case should have been listened to much more carefully, all I got in return was a sneer. There is always another side to a story and it is not always necessary to decide that a person is guilty and that they were simply in the wrong spot. They could not even say that while it was tough luck, they were sorry that the family was in dire straits and the health of the person was not good.

I had an experience myself in the last six months. I was not parking in a no-parking zone, but in an approved car park in a certain part of this city. I made the mistake of paying the meter in full view of the clamping attendants who were in the area unclamping another car at the time. I regret that. I paid double the fee as I did not have the right change, which was fine as I was only going to be there for a short period of ten to 15 minutes anyway. At 6.01 p.m., I paid the fee. Unfortunately, the window of the car was slightly open and there was a gale blowing. It turned over the ticket which was on the dashboard. When I came back at 6.15 p.m., I discovered that I had been clamped at 6.02 p.m. How cynical one can get in a situation like that. I had to pay the unclamping fee. I remonstrated with the guys saying that they had been present when I parked the car ten minutes earlier. "Gosh no, that would have been somebody else" they said. In fact, it was the same people. I mention the case as a need for some reasonable application of the rules in situations where there are compelling, extraordinary or totally explainable reasons as to why something should occur. I am not at all suggesting that people should disobey the parking rules, but there is a need for common sense to prevail. Incidentally, while situations like the one I have just referred to are subject to an appeal, I would not advise anyone who makes an appeal to some of those institutions to hold his or her breath.

By and large, the legislation is welcome. I hope the Minister will take into account the opinions expressed by the Members which are being put forward in good faith. There is no rule that pleases everybody, nor should there be. It would not be a rule if that were the case. However, I note strongly that there may be extenuating circumstances pertaining in particular case. To a great extent, some of these situations can be addressed in advance. I ask that this be done in the context of the legislation now before us.

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